Allegations May Prompt State Probe Councilman Seeks Investigation Of Private Meetings About Kelly

March 21, 1990|By Craig Quintana of The Sentinel Staff

DELAND — Volusia County Councilman Clay Henderson has asked State Attorney John Tanner to investigate possible violations of the state's open meeting law by council members who advocated firing County Manager Tom Kelly.

Henderson said he voiced concerns Monday to Jerry Gardner, executive director of Tanner's office, about possible secret meetings and illegal polling of council members by third parties acting as intermediaries.

Tanner could not be reached for comment Tuesday and several attempts to reach Gardner were unsuccessful. An assistant in Tanner's officer, however, said a formal complaint would have to be made before an investigation could be undertaken.

Henderson said he is not sure he would make such a complaint, or whether he would pursue it before Thursday's special council meeting, called by Chairwoman Alice Cycler to lay Kelly's fate to rest before the public.

''I want to see how this plays itself Thursday, but I really think that they need to look at this process,'' he said. ''I've done my part, I have called them and made them aware of it.''

Henderson and Cycler have complained about ''back room'' deals under which agreements to fire Kelly supposedly have been forged. Moreover, several council members have said they spoke about the move to fire Kelly among themselves.

An expert on the Sunshine Law, attorney Florence Snyder Rivas, said Monday those statements appear to violate the law's prohibition of elected officials discussing public business away from a public forum.

On Tuesday, Henderson continued to allege there was illegal contact between council members.

''There appear to be witnesses out there,'' he said. ''I don't know if they're willing to come forward.''

Council member Roy Schleicher, whose conduct was criticized by Henderson and Cycler, said no laws were broken.

In suggesting last week that Kelly resign, he said, he believed - but did not know - that he had four votes lined up. He denies working through go-betweens to contact other council members.